Subject: This rule action clarifies the inconsistency of commercial vessels exemptions by
specifically exempting “federally documented commercial vessels” required
to be inspected under Federal law including those operated for sand and gravel operations
with the exception of passenger vessels of less than 100 gross tons which are subject
to the restriction. This rule also prohibits boating within a specified area of
the Sellwood Bridge Construction Project and establishes a 5- mph-slow-no-wake zone.

Rules
Coordinator: June LeTarte—(503) 378-2617

250-010-0150

Exemptions

(1) Undocumented
vessels used exclusively for racing shall be exempt from the numbering and title
requirements of ORS830.770 and 830.810.

(2) The
provisions of ORS 830.220 and 830.230 shall not apply to motorboats propelled by
outboard motors while competing in any race previously arranged and announced or,
if such boats be designed and intended solely for racing, while engaged in such
navigation as is incidental to the tuning up of the boats and engines for the race.

(3) Boats
classified as “University or College” racing shells which compete in
intercollegiate crew races shall be exempt from the requirements of carrying life-saving
devices.

(4) The
Lightship Columbia shall be exempt from the numbering and titling requirements of
ORS Chapter 830.

(5) Federally
documented commercial vessels are exempt from the numbering and title requirements
of ORS 830.705, 830.710, 830.770, 830.780, 830.785, 830.795 to 830.805 and 830.830
to 830.870.

(A) From
the east end of North Portland Harbor (Oregon Slough) to a point 800 yards west
of the Burlington Northern Railroad Bridge, as marked;

(B) Within
200 feet of a launching ramp, moorage or houseboat from the east end of North Portland
Harbor (Oregon Slough) eastward along the south shore to the Lower Airport wing
dike.

(b) Within
300 feet of the entrance to and in Rooster Rock boat channel;

(c) Within
200 feet of west shore, as buoyed, between the southern boundary of Willamette Park
Launch Ramp and the northern boundary of the Willamette Sailing Club;

(d) Within
Hayden Bay. The Bay is considered to be all waters south and west of a line 200
feet north of the Northeast point of Hayden Island and 200 feet north of the Northwest
point of Tomahawk Island as marked;

(e) Within
200 feet of the Oregon Yacht Club floating home moorage as buoyed (a distance of
approximately 1,5000 feet);

(f) Within
200 feet of houseboat moorages in the Government Island South Channel;

(g) No
person shall operate a boat in excess of a maximum 5 MPH, “Slow – No
Wake” speed on the Columbia River south of the buoys along the northern shore
of Government Island in the waters adjacent to the I-205 Bridge, commonly referred
to as Commodore’s Cove, as marked;

(h) Within
100 feet of the Landing Boat Club at RM 15, Willamette River.

(2) No
person shall operate a watercraft in excess of slow-no-wake in:

(a) the
Ross Island Lagoon; and

(b) the
Holgate Channel from a line extending northeast from the north side of the Ross
Island Lagoon mouth to the east side of the channel, and to a line extending from
the southern (upstream) tip of Ross Island due south to the Oregon Yacht Club.

(c) This
restriction does not apply to:

(A) Federally
documented commercial vessels required to be inspected under Federal law, including
those operated for sand and gravel operations, with the exception of passenger vessels
of less than 100 gross tons, which are subject to the restriction;

(B) Safety
launches while accompanying an organized rowing or paddling program, club or school.

(3) No
person shall operate a boat in excess of a maximum 5 MPH, “Slow – No
Wake” speed on the Columbia River within 300 feet of shore between the Big
Eddy Wing dike and the wing dike east of the entrance to the Chinook Landing boat
Basin and within the Chinook Landing Boat Basin, as marked.

(4) A
“pass-through” zone is established in the south channel of the Columbia
River, adjacent to McGuire Island between the east end of Big Eddy Marina and the
west end of McGuire Point Marina as marked.

(a) No
person shall operate a motorboat pulling a water skier or towed device in this zone.

(b) No
person shall operate a personal watercraft, as defined in OAR 250-021-0020, in continuous
operation above 5 MPH in this area, except to transit directly through this zone.

(c) No
person shall operate any motorboat in excess of slow-no wake maximum 5 MPH speed
within 200 feet of any houseboat moorage within the “pass-through” zone.

(6) The
following locations are designated racing motorboat testing areas:

(a) On
the Willamette River in Swan Island Lagoon. Testing is limited to the hours of 3–6
p.m. on Thursdays, Fridays, and Saturdays;

(b) On
the Columbia River between the county launching ramp at 43rd Street and Buoy #18
(NOS Chart #18531). Testing is limited to the hours of 8 a.m–12 noon, Tuesday
through Friday.

(7) No
person shall operate a motorboat on Benson Lake.

(8) No
person shall operate a boat for any reason within any restricted area at any time
without first obtaining permission from the District Engineer, Corps of Engineers,
U.S. Army, or his duly authorized representative.

(9) At
Bonneville Dam.

(a) The
Waters restricted to only Government vessels are described as all waters of the
Columbia River and Bradford Slough within 1,000 feet above and 2,000 feet below
the powerhouse. The restricted areas will be designated by signs;

(b) No
person shall operate a boat, including a commercial recreational tour boat subject
to inspection and licensing by the U.S. Coast Guard, within the Boating Restricted
Zone located below Bonneville lock and dam bounded by a line commencing from the
westernmost tip of Robins Island on the Oregon side of the Columbia River and running
at a South 65 degrees West direction a distance of approximately 2100 feet to a
point 50 feet upstream of the Hamilton Island Boat Ramp on the Washington side of
the Columbia River, as marked.

(10) No
person shall operate or anchor a boat in the following described zone in Oregon
Slough (North Portland Harbor):

(a) Commencing
at the northwesterly corner of that tract of land described in a Bargain and Sale
Deed to RHODIA, Inc., recorded as Document No. 98028586, Multnomah County Deed Records;
Thence, along the northeasterly line of said tract, S 47°46’ E, 513.54
feet to the northwest corner of the Alexander Brown Donation Land Claim; Thence,
along the north line of said Claim S 48°30’ E, 764.51 feet to the POINT
OF BEGINNING of the SITE AREA being described herein; Thence, N 29°58’25”
E, 133.84 feet; Thence, S 62°44’22” E, 461.47 feet; Thence, S 29°58’25”
W, 227.76 feet to the northeasterly line of said tract; Thence, along said northeasterly
line, N 61°15’ W, 60.85 feet; Thence, along said northeasterly line,
N 52°30’ W, 115.5 feet; Thence, along said northeasterly line, N 48°30’
W, 291.49 feet to the POINT OF BEGINNING as marked.

(b) This
area of land contains 2.0 acres (87,008 sq. Ft.), more or less.

(c) The
intent of this description is to describe a line that surrounds the limits of the
sediment cap location, plus a buffer zone.

(11) No
person shall anchor a boat at approximately River Mile 7 of the Willamette River
in Multnomah County described in Department of State Lands Easement No. 31530-EA,
Exhibit A — Legal Description — Permanent Easement.

(12) No
person shall operate a boat in the Willamette River:

(a) Beginning
June 15, 2011, in the area beneath the temporary construction bridges or lifting
cranes used for construction of the Portland-Milwaukie Light Rail Bridge near river
mile 13.8.

(b) In
excess of 5 MPH Slow-No-Wake as marked 500 feet upriver and 500 feet downriver from
the centerline of the bridge construction project from June 15, 2011 to December
31, 2012.

(c) In
the area of the Sellwood Bridge Construction Project, from approximately 375 feet
from the west river bank and 200 feet upstream and downstream of the bridge measured
at the bridge centerline; and about 420 feet from the east river bank and about
200 feet upstream and downstream of the bridge measured at the bridge centerline.

(d) In
excess of 5 mph Slow-No-Wake as marked 500 feet upriver and 500 feet downriver from
the centerline of the Sellwood Bridge construction project.

(13) The
Sellwood Bridge Construction rule provisions will sunset at the completion of construction
in December 2015.

Subject: Changes amend, modify and consolidate current Maintenance Assistance Program (MAP)
rules. Changes in the administrative rules could affect how much funding participating
agencies receive.

Rules
Coordinator: June LeTarte—(503) 378-2617

250-014-0001

Definitions

For the purposes
of OAR 250-014-0001 to 250-014-0005, the following definitions shall apply:

(1) “Annual
Maintenance” means routine maintenance and operation activities performed
by the participant during the one-year allocation period.

(2) “Biennium”
means the 24-month period beginning July 1 of each odd numbered year and ending
June 30 of the next odd numbered year.

(3) “Board”
means the State Marine Board.

(4) “Boarding
Float” means a floating structure on or adjacent to a launch ramp that provides
temporary short term use for loading or off- loading from a boat. Floats are normally
6 to 8 feet wide.

(5) “Boating
Facility Grant Program” means the program authorized by ORS 830.150. Funds
are available for the acquisition, development and rehabilitation of public boating
facilities available to, and ordinarily used by, motorized boats.

(6) “Boating
Infrastructure Grants Program” (BIG) means the federal program authorized
by 50 CFR Part 80 and ORS 830.150. Funds are available for the development and rehabilitation
of non-home port transient tie-up facilities at public and private facilities used
principally by non-trailered recreational boats.

(7) “Clean
Vessel Act (CVA) Grant Program” means the federal program authorized by 50
CFR Part 85 and ORS 830.150. Clean Vessel Act grants can be used to develop, refurbish,
or maintain floating restrooms and vessel waste collection systems ordinarily used
by recreational boats at public and private boating facilities.

(8) “Director”
means the State Marine Board Director.

(9) “Fiscal
Year” means the twelve-month period beginning July 1 of any year and ending
June 30 of the next year.

(10) “Floating
Restroom” means a floating structure moored in open water that is not connected
to shore and provides toilet facilities to boaters.

(11) “Grounds”
includes the area at or immediately adjacent to an improved boating facility where
garbage pickup and maintenance of turf, vegetation, trees/shrubs, bank stabilization
and small picnic areas occurs.

(13) “Launch
Ramp” is an inclined hard surface consisting of asphalt or concrete used to
launch and retrieve boats. A launch ramp consists of one or more launch lanes. Each
launch lane is normally 15 to 20 feet wide.

(14) “Maintenance
Assistance Program” (MAP), means funding assistance to eligible public participants
for the routine maintenance and operations of improved public boating facilities.

(15) “Mixed
Use Site” means a boating facility where annual use is mixed (31%-69%) between
motorized (or registered) and non-motorized (or non-registered boats).

(16) “Motorized
Use Site” means a boating facility where annual use by motorized (or registered)
boats is 70% or more of all boat use.

(17) “Non-Motorized
Use Site” means a boating facility where the annual use by motorized (or registered)
boats is 30% or less of all boat use.

(18) “Off-Season”
means the six-month period of lowest motorized (or registered) boat use generally
the period from October 15 to April 15.

(19) “Parking
Area” means a developed gravel and/or asphalt surface with a least six boat
trailer spaces (10’ x 40’) and two single car spaces (10’ x 20’)
associated with a launch ramp. This includes any required accessible parking spaces.

(20) “Participant”
means any public or private party that qualifies to receive funds from the Boating
Facility Grant Program or Maintenance Assistance Program and voluntarily participates
in either program.

(21) “Peak
Season” means the three month period of heaviest boat use generally the period
from June 1 to August 31.

(22) “Public
Boating Facility Grant Project” means a project to develop, improve, rehabilitate
or replace public boating facilities or to acquire property for the development
of an improved boating facility.

(25) “Private
Marine Facility” or “Private Marina Facility” means private facilities
that have the capability to provide vessel waste collection systems or transient
tie-up facilities that are open and available for public use.

(26) “Public
Project Sponsor,” “Eligible Public Participants,” or “Public
Entity” means cities, counties, park and recreation districts, port districts
and state agencies that own and or operate public boating facilities as specified
in these rules.

(28) “Restroom”
means all types of landside facilities used to collect human waste to include flush,
vault, composting and portable toilets. A restroom may include one or more stalls
(urinal and/or toilet).

(30) “Shoulder
Season” means the three month period of moderate boat use generally the period
from April 15 to May 31 and September 1 to October 15.

(31) “Transient
Tie-Up” means a floating structure at least 100 feet in length used for short
term boat tie-up and broadside tie-up or space for mooring at least six non-trailered
boats. Transient tie-up does not include tenant based moorage or facilities that
allow stays longer than ten consecutive days.

(32) “Use
Fee” means any form of user fee charged to boaters for access or use of a
boating facility. This includes day use, launch, parking, tie-up or any other general
entrance or use fee.

(a) The
Board is authorized by ORS 830.150(2)(a) to provide funds for annual maintenance
of improved public boating facilities.

(b) The
Board is also authorized to provide federal Clean Vessel Act CFR 50 Part 85 funds
made available through the U.S. Fish and Wildlife Service, to assist in the maintenance
of vessel waste collection facilities, floating restrooms, and related support facilities.

(c) Federal
Clean Vessel Act funds require at least a 25% non-federal match of funds, which
is provided by participants and documented in expenditure reports and maintenance
activity logs. All participants receiving federal funds must agree to comply with
any and all federal funding requirements.

(d) The
Program is voluntary and by accepting MAP funds the participant agrees to comply
with all program rules, policies and procedures.

(e) The
Program provides annual matching grants, which are intended to augment existing
levels of routine maintenance at improved public boating facilities.

(g) MAP
funds may only be used for routine and ordinary maintenance of boating facilities
to include but not limited to: cleaning launch ramps, floats, parking areas, restrooms,
garbage service, grounds keeping, utilities, and minor repairs to eligible facilities.
Federal Clean Vessel Act funds may be used for routine and ordinary maintenance
of vessel waste collection facilities and floating restrooms to include cleaning,
septic disposal, utilities, minor repairs, deployment and winterization.

(h) Only
motorized and mixed use facilities are eligible for MAP.

(i) Eligible
facilities include launch ramps, boarding floats, restrooms, parking areas, access
roads, transient tie-up floats, ski floats, floating restrooms, vessel waste collection
systems grounds and garbage service. To be eligible, a facility must be open at
least during the peak season of use and, at a minimum, provide:

(A) A
single-lane launch ramp with at least six vehicle/boat trailer and two single car
parking spaces or at least 100 linear feet of transient tie-up floats; Vessel waste
collection facilities; or floating restrooms. (Item B and C are not required for
Vessel waste collection facilities or floating restrooms).

(B) A
single-stall restroom; and

(C) One
garbage can.

(j) MAP
funds may not be used for operation, maintenance or overhead costs associated with
fish cleaning stations, boat wash stations, marine fuel stations, long-term marina
or moorage facilities, campgrounds, trails, picnic areas or shelters, swim areas,
other large day-use components. MAP funds may also not be used for the operation,
maintenance or overhead of any eligible improved boating facility or portion of
eligible improved boating facility used for commercial activities that limit public
recreational boating use or access, unless the commercial activities are incidental.

(2) Allocation:

(a) MAP
funds are provided, on an allocation basis each fiscal year, to eligible participants
who own or operate eligible facilities. The amount of MAP funds available in any
biennium will be contingent upon the legislatively adopted budget.

(b) Federal
Clean Vessel Act funds are provided to eligible participants contingent on availability
and approval by the U.S. Fish and Wildlife Service.

(c) The
MAP allocation formula uses a point system based on site elements found at eligible
facilities. Each point has a value of $100. MAP payment shall be made to eligible
participants annually after receipt and approval of all required reports and logs
using the allocation methodology as follows:

(A) Determine
the Base Allocation for each boating facility. Calculate the number of launch lanes,
boat trailer parking spaces, restroom stalls, length of boarding floats, length
of transient tie-up floats, grounds and garbage service by the point values as prescribed
by the Board. Eligible boating facilities accessible only by boat receive additional
points. Participants who provide four or more eligible facilities also receive additional
points.

(B) Adjust
the Base Allocation for fees charged. Facility fees may be any day use, entry, launch,
parking or other fee charged to users for a single use of the boating facility.
The highest of any single use fee paid by the boater for use of an improved boating
facility will be used to adjust the base allocation. The highest fee does not include
annual passes or donation boxes. Any fee charged over $5 will disqualify that facility
from receiving any MAP funds. The Board may prescribe other fee reduction values
for transient tie-up facilities based on local or regional market conditions. Eligible
participants who have transient tie-up facilities that have utility connections
are allowed to charge use fees to recover direct utility costs without reduction
to their MAP allocation. Adjust the Base Allocation for fees charged as follows:

$0-$2.00 –
no reduction

$2.01-$3.00
– 15% reduction

$3.01-$4.00
– 40% reduction

$4.01-$5.00
– 75% reduction

$5.01
and above – not eligible

(C) The Allocation
may further be adjusted to balance the number of launch lanes to the number of parking
spaces in conformance with the Board’s Design Guidelines for Recreational
Boating Facilities; to account for restrooms and parking that clearly serve other
developed activity areas besides boating, such as large day use areas, marinas,
campgrounds and downtown areas (these facilities will assume to have joint use and
points will be adjusted accordingly); and restrooms that have seasonal closures
where the restroom facility is not open to the public.

(i) Receive
50% adjusted Boating Facility Allocation for each site element at an eligible facility
that is open, available, and operational only during the required minimum three-month
peak season;

(ii) Receive
75% of the Boating Facility Allocation for each site element at an eligible facility
that is open, available, and operational during the required minimum three-month
peak season and three-month shoulder season.

(E) Determine
Total Eligible Boating Facility Participant Allocation. Participant’s annual
allocation is the sum total of each eligible facility as adjusted for season of
use and fees.

(d) Determine
the Base Allocation for each vessel waste collection facility. Calculate the number
of pumpouts, dump stations and floating restrooms by the point values as prescribed
by the Board.

(A) Boat
waste collection facilities built with Boating Facility Grants are required to provide
free use for the public. No user fees may be collected or charged. The facility
must be open and available to the general boating public to include hoses, adapters,
power and other necessary items for operation and use.

(B) Adjust
the Vessel Waste Collection Systems Base Allocation for seasonal closures when the
facility is not open for public use or non-operational, based on the following:

(i) Receive
50% of the Base Facility Allocation for each eligible element that is open, available,
and operational during the required minimum three-month peak season.

(ii) Receive
75% of the Base Facility Allocation for each eligible element at an eligible facility
that is open, available, and operational during the required minimum three-month
peak season and the three-month peak seasons.

(C) Determine
Total Eligible Vessel Waste Collection Systems Participant Allocation. Participant’s
annual allocation is the sum total of each eligible facility as adjusted for season
of use. The Base Allocation for eligible Vessel Waste Collection System elements
is not reduced if user fees are charged at the site but there is no additional fee
to use the eligible Vessel Waste Collection System elements.

(e) The
Board shall re-allocate any MAP funds remaining in the biennium to the Marine Facility
Grant Program.

(3) Procedures:

(a) Prior
to the beginning of each fiscal year, the Board determines the funds available,
and using the point system, estimates each participant’s allocation.

(b) Eligible
participants shall be notified in writing of their estimated allocation for the
ensuing fiscal year.

(c) In
order to participate in the MAP Program each participant must provide a completed
Allocation Certification Agreement to the Board each fiscal year certifying the
following:

(A) The
participant has adopted a budget that includes the estimated MAP allocation; and

(B) The
number of eligible improved marine facilities and site elements maintained by the
participant; and

(C) That
the MAP funds will be spent only to maintain improved marine facilities in accordance
with the MAP procedures and policies; and

(D) The
season(s) of use that the improved boating facility will be open and maintained
for public use; and

(E) The
amount of any user fees to be charged during the fiscal year for use of the eligible
boating facility by boaters. User fees include the highest of any entrance, day
use, launch ramp, parking, transient moorage or other fees paid excluding annual
passes and donations

(F) The
Participant will allow representatives of the Board access to all eligible boating
facilities, provide park maintenance expenditure and performance records upon request,
and cooperate during any audit.

(H) Participant
match does not include any cash or in-kind activities expended on campgrounds, marinas,
fuel stations, trails, picnic shelters, swim areas or other large day-use components.
The Participant has documented percentages for shared use facilities such as restrooms
and parking that serve eligible marine facilities and other park uses.

(I) That
MAP funds are principally targeted for labor, supplies, or contract services that
will be expended at the site. Justification will be required for expenditures for
overhead, program administration, supervision or other general service assessments/charges
that amount to 15% or more of MAP funds received.

(J) MAP
funds may not be used for capital projects or as match to other grants.

(d) Any
participant that does not certify to the Board by August 1, as required above, may
be deemed to have waived participation in the MAP program.

(e) Participants
shall submit to the Board an estimated expenditure report at the end of each fiscal
year period and an operations and maintenance budget outlining actual MAP and participant
expenditures for labor, supplies, materials and services for all eligible sites
individually. Reports shall be in the manner and form as required by the Board.
Failure to submit this report within the specified time may result in participant
disqualification.

(f) At
the end of each fiscal year period, participants that have eligible pumpouts, dump
stations and floating restrooms shall submit Maintenance Reporting Logs for these
elements.

(4) Policies:

(a) It
is the policy of the Board that the MAP program is designed to supplement funds
expended by an eligible participant in the maintenance of improved boating facilities.
The intent of the Board is to assist in improving the quality of maintenance at
improved boating facilities.

(b) It
is the policy of the Board to encourage free public access to improved public marine
facilities.

(c) It
is the policy of the Board to allow participants to expend MAP funds to purchase
small tools or equipment for the maintenance of improved marine facilities, not
to exceed ten percent of the annual allocation. This is contingent upon the applicant
providing sufficient maintenance that complies with expectations as established
by the Board.

(d) Participants
shall reimburse the Board for any funds not expended within the fiscal year. However,
a participant may request permission to carry over a maximum of ten percent of the
total MAP Allocation from one fiscal year to the next but must be expended within
that fiscal year. Unexpended funds allocated to maintain pumpouts, dump stations,
and floating restrooms cannot be carried over from one fiscal year to the next and
must be returned to the Board.

(e) MAP
participants are encouraged to develop a cost accounting system that separates out
MAP funds by line item revenue and expenditures. Expenditure detail should be sufficient
to demonstrate that MAP funds provided are being appropriately expended.

(f) MAP
participants that provide four or more sites may shift up to 25% of the individual
MAP site allocation in a fiscal year to other eligible MAP sites to accommodate
changing use patterns, water conditions or maintenance needs, provided that minimum
maintenance expectations are met at all sites. Written justification will be required
for fund shifts in excess of 25%. Funds allocated to maintain pumpouts, dump stations,
and floating restrooms cannot be shifted to other eligible MAP sites.

(g) Any
daily, monthly or annual use fees charged at MAP sites must be uniform for a specific
class of users. No differential in-area or out-of-area annual, seasonal or day use
fees may be charged at MAP sites.

(h) It
is a policy of the Board to encourage participants to allow for full public use
and access to improved public boating facilities. MAP funds may not be used for
the operation, maintenance or overhead associated with any public boating facilities
or portions of public boating facilities where commercial use is allowed. Commercial
use means any regular or non-incidental activity or event at an improved public
boating facility that is conducted by a business, concessionaire, or any non-public
entity for the purpose of selling products or providing goods or services for a
profit or private financial gain and displaces or precludes recreational boat use
or public access, including the loss of public parking or dock space or regular
or prolonged closures of portions of an improved public boating facility that results
as a part of the activity or event. Any use that is permitted, licensed, or allowed
by agreement from the site owner or managing agent that conveys exclusive use or
a preference in use to any individual, group or entity and not the general boating
public may be considered by the Board as a commercial use. Examples include: permanent
or portable stores, restaurants, shops, commercial fishing vessel moorage, ocean
charterboat moorage, fish cleaning services, tour or excursion boats boarding or
moorage, shuttle services, ticket sales, watercraft rentals, etc. Incidental or
occasional use by boat manufacturers or dealers to test or demonstrate boats or
use by outfitters and guides will not be considered commercial use by the Board
as long as the use is not exclusive or guaranteed or a proprietary preference is
not given to this use over use by the general boating public. Single or annual events
such as festivals, contests, etc. are not considered a commercial use by the Board
unless the event is repetitive, extensive, and results in the loss of access or
use by the public boating facility for an excessive amount of time or the event
has the potential to damage or degrade public boating facilities more than the Board
considers reasonable. The Board encourages participants to charge all commercial
users a use fee to help offset the added operation and maintenance costs associated
with the activities generated by the commercial use. Commercial use fees are not
considered as a fee for the purpose of calculating the participants MAP allocation.

(i) Funding
for the program may be denied to an eligible participant if the Board determines
that a sponsor has expended MAP funds for purposes other than those allowed by these
rules, failed to provide an adequate level of maintenance, failed to provide additional
funds beyond MAP, or failed to report any changes in facility user fees or season
of use. Participants are required to reimburse MAP funds in the event the Participant
has unexpended MAP funds or makes any changes (fee increase, seasonal closures or
facility components) within the fiscal year that would affect the approved allocation.
The amount of reimbursement can be prorated based upon the effective date of the
changes that affect the allocation. Failure to notify the Board of changes and make
prompt reimbursement of the allocation overpayment may result in disqualification
from the program or other action as deemed necessary by the Board.

[Publications:
Publications referenced are available from the agency.]

Subject: This action will remove the reference of the Director’s authority in the Qualification
and Training of Breath Test Equipment Operators rule. This authority remains with
the Board.

Rules
Coordinator: June LeTarte—(503) 378-2617

250-010-0440

Qualifications
and Training of Breath Test Equipment Operators

(1) No individual
shall operate approved breath testing equipment to determine the alcohol content
of the blood of a person in accordance with the provisions of ORS 830.535 unless
that individual has been issued a permit to operate such equipment by the Oregon
State Police or the Board.

(2) To
qualify for training in the operation of approved breath testing equipment, an individual
must be a police officer as defined under ORS 181.610 or a technician of the Marine
Board, or a technician of the Oregon State Police.

(3) Upon
request of the administrative head of a city, port or county law enforcement unit,
as defined in ORS 181.610, the Oregon State Police, or the Board will provide training
in the operation of approved breath test equipment for individuals qualified under
OAR 250-010-0440.

(4) The
Oregon State Police or the Board will provide a course of instruction as outlined
in OAR 257-030-0160.

Subject: These rules prohibit internal combustion motors in boats operating on Waldo Lake.
Exemptions include watercraft used for official purposes such as search and rescue,
law enforcement and fire suppression. Previous approval by the Willamette National
Forest Supervisor is required for other activities undertaken by local, state or
federal government officials or agents that involve use of internal combustion motors
in watercraft operated on Waldo Lake. These rules do not apply to seaplanes on Waldo
Lake.

Rules
Coordinator: June LeTarte—(503) 378-2617

250-020-0221

Boat Operations
on Certain Waters in Lane County

(1) No person
shall operate a motorboat in excess of 5 MPH (“Slow-No Wake”) in the
following areas:

(a) Triangle
Lake: Within 200 feet of a marked swimming area or a designated public launching
ramp;

(b) Fern
Ridge Lake:

(A) Within
200 feet of a marked swimming area or a designated public launching ramp;

(B) In
the Coyote Creek Channel;

(C) Between
shore and buoy line which extends southerly from the north shore to a point approximately
200 feet of the northern most Eugene Yacht Club mooring dock thence generally south
and west approximately 200 feet of the docks to a point approximately 200 feet south
of the Tri Pass Club mooring dock thence generally west to the southern tip of the
Tri Pass Club dock as buoyed except for the buoyed corridor immediately south of
the Eugene Yacht Club southernmost dock;

(D) South
of the buoy line which extends easterly from a point approximately 100 yards north
of the Perkins Boat Ramp to the adjacent shoreline;

(E) In
the Main Long Tom River Channel.

(c) Dexter
Dam Reservoir:

(A) Within
200 feet of a marked swimming area or a designated public launching ramp;

(B) Within
50 feet of the causeway crossing the reservoir.

(d) Lookout
Point Reservoir:

(A) Within
200 feet of a marked swimming area or a designated public launching ramp;

(B) East
of the Southern Pacific Railroad bridge.

(e) Dorena
Dam Reservoir:

(A) Within
200 feet of a marked swimming area or a designated public launching ramp.

(B) Southeast
of a line between markers on Humphrey Point and the northeast shore.

(f) Cottage
Grove Reservoir:

(A) Within
200 feet of a marked swimming area or a designated public launching ramp;

(B) South
of a line between a marker on the east shore, near the Wilson Creek area, and on
the west shore near Cedar Creek.

(g) Hills
Creek Reservoir:

(A) Within
200 feet of a marked swimming area or a designated public launching ramp;

(B) On
Packard Creek arm west of Rigdon Road (USFS Road #21);

(C) On
Hills Creek south of the Hills Creek Crossing Bridge;

(D) On
the Middle Fork, Willamette River south of the Rigdon Road (USFS #21) (Upper Crossing)
Bridge;

(E) No
person shall operate a motorboat for any purpose on Larison Creek arm west of Rigdon
Road (USFS Road #21).

(h) Collard
Lakes;

(i) Picket
Lake;

(j) Munsel
Lake — west of the line of marker buoys;

(k) Fall
Creek Lake:

(A) Within
200 feet of a designated public launching ramp or marked swimming area;

(B) On
Fall Creek upriver from the buoys located approximately 200 feet downstream of the
Big Fall Creek Road;

(C) On
Winberry Creek upriver from the buoys located approximately 1800 feet downstream
of the Winberry Creek Road Bridge.

(l) Siltcoos
Lake:

(A) Within
200 feet of a designated public launching ramp or marked swimming area;

(B) Between
shore and buoy line at the mouth if Kiechle Arm beginning at a point at the east
shoreline of Arrowhead Point and extending northerly approximately 900 yards to
a point approximately 100 yards off shore of Camp Baker during the period of June
1 through September 30.

(C) In
Miller Arm north of the buoy line, located at the entrance near Nightingales’
Fishing Camp, during the period of May 1 through September 31.

(2) No
person shall operate a motorboat in excess of 5 MPH on Leaburg Reservoir and the
McKenzie River from the dam upstream to Good Pasture Bridge.

(3) No
person shall operate a motorboat in excess of a “Slow-No Wake” speed
within 300 feet of a boat launching ramp or a boat moorage on the following bodies
of water (for purpose of this regulation, “Slow-No Wake” speed means
the speed of a boat shall not exceed 5 MPH):

(a) Cougar
Reservoir;

(b) Blue
River Reservoir;

(c) Siuslaw
River — between the river entrance and the highway bridge at Mapleton.

(5) No
person shall operate a motorboat for any purpose in excess of 10 MPH on Munsel Lake
east of the line of marker buoys, except from June 1 through September 30, between
the hours of 10 a.m. and 5 p.m.

(6) No
person shall operate a motorboat on the McKenzie River above Good Pasture Bridge,
except a representative of the Oregon State Police or the County Sheriff’s
Office pursuant to a criminal investigation or search and rescue operation.

(7) No
person shall operate a motorboat, except with an electric motor:

(a) In
the Old Long Tom River Channel;

(b) On
Fern Ridge Reservoir south of State Highway 126;

(c) On
Hult Reservoir.

(8) No
person shall operate a propeller-driven airboat or non-displacement hull type hovercraft
in the following areas on Fern Ridge Reservoir where there is emergent vegetation
present:

(a) Coyote
Creek area — east of a line beginning at the West Coyote Creek bridge at Highway
126 extending north approximately one mile to a point near the mouth of Coyote Creek,
then extending north approximately 1.4 miles to a point located approximately 100
yards off shore of the northwest corner of Gibson Island;

(b) Amazon
Bay area — east of a line beginning at a point located approximately 100 yards
off shore of the northwest corner of Gibson Island extending northeast approximately
one mile to the Shore Lane access;

(c) South
Marsh area — west of a line extending from a point on the shoreline at the
southern boundary of Zumwalt Park near the end of Vista Drive extending southeast
approximately one mile to a point on the shoreline at the tip of Perkins Peninsula;

(d) Long
Tom Area — southwest of a line beginning at a point on the shore line at the
end of Moyer Lane extending southeast approximately 0.9 miles to a point on the
west shoreline of the Jeans Peninsula at the north end of Winter Lane.

(9) No
person shall operate a motorboat north and east of a line across the entrance of
Bannister Cove on Lookout Point Reservoir, as marked.

(10) Use
of internal combustion motors in boats operating on Waldo Lake is prohibited year
round. Official use of internal combustion motors in watercraft operated on Waldo
Lake by local, state or federal governmental officials or agents is allowed for
the following activities: search and rescue, law enforcement and fire suppression.
Previous approval by the Willamette National Forest Supervisor is required for other
activities undertaken by local, state or federal government officials or agents
that involve use of internal combustion motors in watercraft operated on Waldo Lake.
This rule does not apply to seaplanes on Waldo Lake.

The State Marine
Board is authorized to carry out the provisions of the Federal Wild and Scenic Rivers
Act (PL 90-542) and the State Scenic Waterways Act (ORS 390.805 to 390.925) under
ORS 830.175 by regulating boat use through a permit system initiated by the Board.
Authority to limit or prohibit motorboat use is also granted by this statute. The
specific regulations which follow are adopted in accordance with these statutory
provisions:

(1) In
order to meet the goals and objectives of management and recreation plans for the
subsequently named rivers, the State Marine Board will regulate commercial and noncommercial
boat use, both for non-powered boats and for motorboats, by means of a permit system.
On occasion the Board may find it necessary to establish interim boat use levels
in order to protect the riverine environment and assure to the users a quality recreation
experience. Such limits may be prescribed in those instances where, in the absence
of river management or recreation plans, it finds it necessary to act to assure
compliance with the objectives of appropriate federal and state laws.

(2) It
is the policy of the State Marine Board to provide for equitable use of certain
designated rivers by commercial and noncommercial boaters. A system of permits for
all boaters, whether they plan to run a river as private individuals or as patrons
of a commercial entrepreneur, may be initiated on controlled rivers when use approaches
or exceeds approved levels or capacity.

(3) No
person, other than a member of the Department of State Police, county sheriff, and
governmental agencies of this state and the federal government having jurisdiction
over the following described waters, shall use a motor for propelling a boat for
any purpose on the following described waters, with the exceptions stated:

(B) Between
the northern boundary of the Warm Springs Reservation and the mouth of Buckhollow
Creek (downstream from Sherars Falls), no person shall operate a motorboat with
the exception of ingress/egress by landowners under permit issued by the Board.

(C) Between
the mouth of Buckhollow Creek and Macks Canyon Campground, no motors from June 15
to September 30, with the exception of ingress/egress by landowners under permit
by the Board.

(D) Between
Macks Canyon Campground and the Heritage Landing boat ramp, motors will be prohibited
during alternating Thursday, Friday, Saturday and Sunday periods commencing with
the first Thursday to Sunday period that falls on or after June 15, continuing until
September 30. No daily restrictions on motorized use from October 1 to June 14.

(E) Between
Heritage Landing boat ramp and the confluence with the Columbia River, no prohibitions
on motors, except for OAR 250-030-0041 rule for slow no wake, maximum 5 MPH.

(b) Illinois
River — From Deer Creek downstream to Nancy Creek, which is located in the
area immediately upstream of Oak Flat.

(c) John
Day River — From State Highway 218 bridge at Clarno downstream to Tumwater
Falls between May 1 and October 1.

(d) Minam
River — From Minam Lake downstream to the Wallowa River.

(e) Owyhee
River System:

(A) West
Little Owyhee;

(B) North
Fork Owyhee; and

(C) The
mainstem Owyhee River above approximately river mile 70 at Pinnacle Rock, as marked.

(f) Rogue
River — from Grave Creek downstream to the lowermost portion of Blossom Bar
Rapids approximately 250 feet upstream of the top of Devil’s Staircase Rapids
as marked, between May 15 and November 15.

(g) Sandy
River — From Dodge Park downstream to Dabney State Park.

(4) Use
of internal combustion motors in boats operating on Waldo Lake is prohibited year
round. Official use of internal combustion motors in watercraft operated on Waldo
Lake by local, state or federal governmental officials or agents is allowed for
the following activities: search and rescue, law enforcement and fire suppression.
Previous approval by the Willamette National Forest Supervisor is required for other
activities undertaken by local, state or federal government officials or agents
that involve use of internal combustion motors in watercraft operated on Waldo Lake.
This rule does not apply to seaplanes on Waldo Lake.

Notes1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.